State v. Lawson

Appeal
from the Criminal Court for Davidson County No. 2016-A-59
Amanda McClendon, Judge

The
State of Tennessee appeals the Davidson County Criminal
Court's order dismissing the indictment, which charged
the Defendant with domestic assault by causing bodily injury.
On appeal, the State contends that the trial court erred by
dismissing the indictment. We conclude that the trial court
erred by dismissing the indictment. T he order of the trial
court is reversed, the domestic assault charge is reinstated,
and the case is remanded to the trial court for further
proceedings.

Robert
H. Montgomery, Jr., J., delivered the opinion of the court,
in which John Everett Williams and Robert L. Holloway, Jr.,
JJ., joined.

OPINION

ROBERT
H. MONTGOMERY, JR., JUDGE

This
case involves an August 2015 altercation between the
Defendant, Crystal Cunningham, and DJ Summers. At the time of
the altercation, the Defendant and Ms. Cunningham had
recently ended their romantic relationship. During the
incident, the Defendant pushed Ms. Cunningham, but she was
not injured. M r. Summers intervened, and a physical
altercation between the men ensued. At some point, Ms.
Cunningham was struck in the face, resulting in an injured
lip. The Defendant was charged with domestic assault by
causing bodily injury to Ms. Cunningham. A preliminary
hearing was subsequently held in general sessions court.

At the
preliminary hearing, Crystal Cunningham testified that the
Defendant was her former boyfriend, that their two-year
relationship was intermittent, and that their relationship
ended permanently four days before the August 27, 2015
incident. She said that although their relationship had
ended, some of her belongings were at the Defendant's
home. She said that on August 27, she visited DJ Summers and
Chelsea Lindemyer's home and that while at their home,
she spoke to the Defendant on the telephone. She said that
she and the Defendant discussed her removing her belongings
from the Defendant's home on August 30, that they began
to argue, and that she ended the call. She said the Defendant
showed up uninvited to Mr. Summers and Ms. Lindemyer's
home. Ms. Cunningham said that the Defendant asked her why
she was there instead of removing her belongings from his
home, although they had previously agreed Ms. Cunningham
would remove her belongings on August 30.

Ms.
Cunningham testified that the Defendant was angry when he
arrived at the home, that she was in the backyard, that she
saw the Defendant's truck moving at a high rate of speed,
and that the Defendant stood at the front door by the time
she walked from the backyard. She said that the Defendant
asked whose truck was parked in the driveway and that she
told the Defendant the truck belonged to Cody West, who was
her former boyfriend. She said that the Defendant's
demeanor changed and that the Defendant attempted to go in
the backyard. Ms. Cunningham said that Mr. West and Mr.
Summers were close friends and that she did not know Mr. West
would be at the home before she arrived.

Ms.
Cunningham testified that upon hearing Mr. West was at the
home, the Defendant developed a "blank stare" and
"looked through" her as she told the Defendant to
stop. She said she "put [her] hands up" to stop the
Defendant from going into the backyard because Mr. Summers
and Ms. Lindemyer's four-year-old son was at the home and
because the Defendant had a firearm. Ms. Cunningham said that
the Defendant, without speaking, removed his firearm from a
holster and pushed her, that she fell but was not injured,
and that Mr. Summers saw the Defendant's pushing her and
intervened. Ms. Cunningham said that Mr. Summers told the
Defendant to leave and that the Defendant ultimately returned
the firearm to the holster.

Ms.
Cunningham testified that Mr. Summers and the Defendant began
to argue, that she simply wanted the Defendant to leave, and
that she attempted to "break them up" by stepping
between the Defendant and Mr. Summers. She said that she told
the Defendant that "they" did not need to do
"this, " that the Defendant began removing his
shirt, and that the Defendant and Mr. Summers began fighting.
She said that when she attempted to break up the fight, she
was struck and that her lip was injured. She said that she
looked at the Defendant when she attempted to prevent the
fight but that she did not know who struck her. She said that
the Defendant left while Ms. Lindemyer was on the telephone
with 9-1-1.

Ms.
Cunningham testified that the Defendant continuously called
her after he left, demanding that she retrieve her
belongings. She said that the police arrived at Mr. Summers
and Ms. Lindemyer's home, that she left with the officers
to complete a police report, and that the Defendant returned
to the home twenty minutes after she left. When asked how the
...

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